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Guardian

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What is the name of your state? Mo
My divorce became final 26 May, 2004. 5 Months later on 12 Oct, 2004 I filed a motion to modify. Her live in boyfriend trashed the home. It looked worse than anything you see about Katrina.
A Guardian Ad Litem was appointed for the kids. It was the same one appointed for the divorce. Well 2 years and 5 months later, there still has been no court hearing. Last Tuesday there was a pre-trial. We sat in the hall waiting for her attorney to get there. The Guardian arrived, and walked straight up to my e-wife and asked her if she had gottren moved back into the school district with the biggest smile on her face. X said yes and the Guardian said OK I am going in there and get custody of your kids back for you. The B**** has lived in 6 houses since the divorce and this is the first time she has lived back in the school district where the kids attend school.
Missouri has a law that says she was to give me 60 day written notice. She gave me a written notice, but it was 2 days before she moved, and half the information was not in the notice.
Back to this Guardian thing. Is this BIAS or what? What can I do?
 


CJane

Senior Member
What county are you in?

Do you have an attorney?

It's not unusual for contested custody issues to take FOREVER in this state... especially in certain counties.

What you've described is not necessarily bias on the part of the GAL. Her job is to determine the best interests of the children... if she's decided that their best interests are served by mom getting custody, then that's going to be her recommendation, and it needn't be a secret.

What were the grounds that you used to file the motion to modify?

Mom's moves... unless contested at the time, aren't going to be considered relevant. Especially if you can't prove that they were either detrimental to the children, or in 'bad faith'. IF you fought the moves - or one of the moves - then it's possible that mom could be ordered to pay a portion of your attorney fees that were incurred in fighting the move, but that's about it. Especially if she stayed in roughly the same geographical area. Trust me on that one.
 
Yes, as soon as soon as I found out she was moving out of the school district ,I filed to stop the move. She DID NOT give the required 60 day notice. Our custody schedule was every other week. On the week I had the kids she got and overnight on Wednesday night, and vice verse with her week. The move put a stop to the overnights on Wednesday.
But the reason I filed for change in custody was when the x-landlord called me and asked me to stop by her place. She showed my photo's of the damages to the x's home. X had told her the live in boyfriend had done the daMAGE. The X had actually taken the photos and given them to the landlord. The landlord is appearing in court to explain these photo's. The guardian has copies of the photo's.
There have been 4 different judges assigned to this case. One hgad to recuse herself because she knew too much about the live in boyfriend's criminal history. (He is the one that tore up her and the kids home) She admitted this at a pretrial, when her attorney came out of the judges chambers and asked if she took the photo's. The Guardian was right there.
I just don't understand how the Guardian can figure it's "In the best intrest of the kids"
 

acmb05

Senior Member
What is the name of your state? Mo
My divorce became final 26 May, 2004. 5 Months later on 12 Oct, 2004 I filed a motion to modify. Her live in boyfriend trashed the home. It looked worse than anything you see about Katrina.
A Guardian Ad Litem was appointed for the kids. It was the same one appointed for the divorce. Well 2 years and 5 months later, there still has been no court hearing. Last Tuesday there was a pre-trial. We sat in the hall waiting for her attorney to get there. The Guardian arrived, and walked straight up to my e-wife and asked her if she had gottren moved back into the school district with the biggest smile on her face. X said yes and the Guardian said OK I am going in there and get custody of your kids back for you. The B**** has lived in 6 houses since the divorce and this is the first time she has lived back in the school district where the kids attend school.
Missouri has a law that says she was to give me 60 day written notice. She gave me a written notice, but it was 2 days before she moved, and half the information was not in the notice.
Back to this Guardian thing. Is this BIAS or what? What can I do?
Who has had custody since this started? Did it stay the same during all this (I/E split custody) Why would the GAL say she is going to get custody back to her? This implies she lost custody when all this started.
 
Yes the custody did change temp. X had a car accident and while in therapy a Doctor gave her an injection that caused her to be paralized. This went on for 6 months. During this time, she was unable to care for the kids in as much as she was living in a different school district and could not drive.

This would have gone on forever due to the fact that she is sueing the Doctor that caused this. Now I am not saying she doesn't deserve the money she might get in a settlement. What I am saying is: Her settlement might be smaller due to the fact that as a condition of her regaining her custody time, she had to get a release from the Doctors stating she could resume normal duties.

My major complaint is why is this taking 2 1/2 years to date to settle this? There is enough evidence showing that she puts her own needs before the kids. She allows this live in boyfriend who has 6 criminal infracts against him, can't even apply to get a drivers lic back until 1013 due to DWI and DUI. Has 4 exporte's against him a few years back. Drives our kids around town, even though it states in our divorce that he can't drive with our kids in the car. ETC< ETC< ETC. I could go on for hours about this.

How can I change the Guardian's mind?
 

CJane

Senior Member
How can I change the Guardian's mind?
Honestly, YOU filed for the custody modification... YOU have to prove that there is a change in circumstances that is 1) significant 2) continuing and 3) of a nature such that the upheaval of removing the kids from the current custody arrangement is balanced out by the benefits of the change.

Nothing you've listed rises to that challenge.

Mom having an ******* boyfriend isn't going to be enough. Her moves aren't going to be enough - especially if RIGHT NOW she's back in the school district and able to facilitate visitations.

Why did the Wednesday nights end? At whose behest? Did you attempt to exercise them and were denied?

You keep saying that she was in a different school district... what kind of distance between the two of you are we talking about?

Are YOU in the district?
 

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